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Research data · comparison · DAT-10

Choose and state a research data licence

In brief: Choose an open data licence only after checking ownership, consent, contracts, privacy, confidentiality and third-party content. Treat the dataset, database structure, software, documentation and media as separate layers because different rights and licences may apply. If open release is not permitted, publish an accurate access statement and metadata instead of attaching a licence you cannot grant.

Licence decision tree with legal boundarySources reviewed 4 September 2026

Map every component and right first

A licence can grant only rights that the licensor controls. Inventory the planned deposit at file level: measurements you collected, source datasets, transcripts, photographs, questionnaires, code, database selection, documentation and companion text. For each component record its creator or rights holder, source agreement, consent scope, confidentiality status and intended release.

Copyright is only one part of the decision. Personal data may remain restricted regardless of the chosen licence. Participant consent, lawful processing, purpose limitation and effective anonymisation require their own assessment. Collaboration terms, an embargo, trade secrecy or a publisher agreement may create further limits. Ask the responsible legal, data-protection or knowledge-transfer office when authority is uncertain.

Authority asset: research data licence decision tree

  1. Does the package contain personal, confidential or security-sensitive material? Pause open licensing and assess removal, anonymisation or controlled access.
  2. Can you demonstrate authority over each component? If not, separate it, replace it or obtain documented permission.
  3. Do source licences or collaboration agreements impose conditions? Record those conditions and test compatibility before combining material.
  4. Are database rights or other rights relevant? Select an instrument designed for the protected object and jurisdiction involved.
  5. Is unrestricted reuse the project goal? Consider a public-domain dedication or broad attribution licence where you have authority.
  6. Are extra restrictions necessary? Document the reason and use an established instrument; avoid improvised legal wording.
  7. Can the files not be openly licensed? Release useful metadata and a truthful application route if permitted.

Compare standard instruments by purpose

Orientation among common data-licensing routes
InstrumentCore approachQuestion to resolve
CC0Broad waiver with a licence fallback where neededDo you control all rights that this dedication addresses?
CC BY 4.0Reuse subject to attribution and other licence conditionsDoes it fit both the data and any database rights?
ODC-ByAttribution instrument directed at databasesWhich database right and jurisdiction are relevant?
ODbLDatabase licence with share-alike conditionsAre inherited duties compatible with all sources and intended reuse?
Controlled accessNo open file licence; qualified access through an applicationWho decides, by what criteria and for how long?

This is not a ranking. More restrictions do not automatically make a release safer, and maximum openness is not automatically authorised. Link to the official licence text and preserve its name and version exactly. If you change standard wording, do not continue to describe the result as the unmodified standard licence.

Licence data, code and documentation as distinct layers

A reproducibility package often contains several protected objects. Recorded facts may have a different rights position from the selection and arrangement of a database. Analysis scripts normally use software licences. Explanatory prose, diagrams and images may use Creative Commons instruments or retain other terms. “Everything is CC BY” is inaccurate when a bundled library or photograph carries separate conditions.

Add a component table to the README. Name the path, rights holder, licence and exception for each layer. Third-party items should retain compatible source terms, carry documented permission or be removed from the open package. A placeholder may explain how an authorised researcher can obtain restricted input without redistributing it.

Combining datasets does not erase inherited licence duties. Map source identifiers, releases and transformations, then test whether their conditions can coexist. Where compatibility cannot be established, publishing your transformation code and retrieval instructions may allow qualified users to reconstruct the analytical input from separately authorised sources.

State the licence visibly and in structured metadata

Give the full licence title, version and official link in repository metadata and in the README or landing page. Identify the rights holder and the covered scope. A useful statement is: “Unless an exception is listed below, files in data/open are provided under …”. Follow it immediately with exceptions and their terms.

An icon on its own is insufficient. “Free to use” is also ambiguous because it does not identify obligations or legal instrument. Use the repository's structured rights field where available. The minimum metadata record separates licence, access status and rights holder.

Keep citation preference distinct from licence compliance. A recommended citation gives scholarly credit and identifies the version. Whether attribution is a legal condition depends on the chosen instrument. The research data citation guide builds the bibliographic record from verified repository metadata.

Test the release through realistic reuse

Run three scenarios before deposit. A researcher wants to reanalyse the values, a lecturer wants to include an extract in course material, and another team wants to combine the dataset with a different source. Can each user find the licence, version, creator, exceptions and access path without contacting you? Check whether the desired activity is both legally stated and technically feasible.

  1. Compare the final package with the rights inventory.
  2. Open every official licence link and verify title and version.
  3. Inspect third-party content and exceptions file by file.
  4. Match the repository rights field to the README statement.
  5. Test whether an external visitor can find the licensed release.
  6. Record disciplinary and rights review with names or roles and dates.
  7. Archive the licence text, decision record and deposited package.

Repeat the check for each release because a new file may introduce a new rights position. Store the decision in the data management plan. The research data hub links licensing with deposit and version control, and the knowledge guide is the single general foundation route.

Frequent licensing errors

  • Selecting a licence before inventorying components and authority.
  • Confusing openly downloadable files with licensed reuse.
  • Treating personal data as a copyright question only.
  • Applying one instrument to software and data without checking scope.
  • Omitting third-party components from the exceptions list.
  • Modifying standard wording while retaining the standard name.
  • Publishing contradictory rights statements in metadata and README.

Official licensing and research-data sources

  1. Creative Commons, About CC Licenses – official overview of licence instruments and conditions.
  2. Creative Commons License Chooser – structured route to a standard licence and machine-readable statement.
  3. Open Data Commons, Licences – standard instruments directed at databases.
  4. German Research Foundation, Handling of Research Data – legal and ethical limits and responsible reuse.

Sources reviewed 4 September 2026. A competent office must assess rights and compatibility for the actual package.